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HACKMAN v. VALLEY FAIR

Nos. 90-5916, 91-5190.

932 F.2d 239 (1991)

Dennis HACKMAN, Appellant, v. VALLEY FAIR; and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of American, Local 575, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Carolyn E. Wright-Bing, Newark, N.J., for appellant.

Gulkin & Beinhaker, P.A., Livingston, N.J., for appellee Valley Fair.

Guazzo Perelson Rushfield & Guazzo, Maplewood, N.J., for appellee Local 575.

Before MANSMANN, HUTCHINSON, and WEIS, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) March 12, 1991.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we decide that a plaintiff's affidavit contradicting his prior deposition testimony does not create a factual dispute barring summary judgment. We also conclude that plaintiff's counsel's decision to press her client's position with the court did not constitute bad faith under 28 U.S.C. § 1927, despite the unlikelihood of success...

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